STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STEPHEN GARY EFFRON, )

)

Petitioner, )

)

vs. ) CASE NO. 80-213

)

BOARD OF REAL ESTATE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on June 6, 1980, in Miami, Florida.

The Petitioner, Stephen Gary Effron, appeared on his own behalf, and Randy Schwartz, Esquire, Assistant Attorney General, appeared on behalf of the Respondent, Board of Real Estate.

Petitioner made application to the Respondent for licensing as a real estate salesman. Upon consideration at its meeting on October 16, 1979, the Respondent entered an Order denying Petitioner's application, citing Section 475.17(1), Florida Statutes (1979), and Petitioner's affirmative answers, on the application form, to the following questions:

6. Have you ever been arrested for, or charged with the commission of an offense against the laws of any municipality, state or nation including traffic offenses, (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled?

1. Have you ever been denied (or is there now pending a proceeding to deny your appli- cation for) a license, registration, or permit to practice any regulated profession, occupa- tion or vocation, or have you withdrawn an application for such a license, in this or

   any other state, province, district, terri- tory, possession or nation, because of alleged fraudulent or dishonest dealing

   or violations of law?

   
   

2. (a) Has any license, registration or permit to practice any regulated profession, occupation or vocation been revoked, annulled or suspended in this or any other state, province, district, territory, possession

or nation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any proceeding now pending?

(b) Have you ever resigned or withdrawn from, or surrendered, any license, registration or permit to practice any regulated profession, occupation or voca- tion, while such charges were pending?

The Order denying Petitioner's application did so subject to Petitioner's right to request a hearing and present evidence to make it affirmatively appear that he meets the qualifications for licensing set forth in Section 475.17(1), Florida Statutes (1979).

FINDINGS OF FACT

1. On October 18, 1972, Petitioner was admitted to the practice of law in the State of New York. Subsequent to that date, he became an Assistant District Attorney for the Queens County District Attorney's Office in New York, in which position he earned himself a reputation of an able and effective prosecutor.

   
   

2. During the summer of 1973, Petitioner underwent a substantial change in personality and lifestyle occasioned by his separation from his wife of almost five years. In December of 1973, Petitioner was arrested on drug charges. On the day of his arrest, Petitioner immediately admitted his involvement in the matters which led to the indictment against him and thereafter gave information to federal investigators which resulted in several arrests on various drug charges.

   
   

3. On January 20, 1975, Petitioner plead guilty in the United States District Court for the Southern District of New York to conspiracy to violate federal narcotic laws. On March 25, 1975, he was sentenced to two years' probation on the condition that he perform voluntary work on a regular basis and that he pay a $2,500 fine during his period of probation. As a result of this conviction, Petitioner was disbarred on August 1, 1977.

   
   

4. In July of 1975, Petitioner moved to Florida, and his probation supervision was transferred to the Probation Office of the United States District Court for the Southern District of Florida. By October of 1975, Petitioner had begun volunteer work (without compensation) with Active House, Inc., in Hollywood, Florida, a federally funded community aid center directed at aiding ex-offenders and curtailing crime in the community. His involvement with that program soon reached such intensity that he was either on twenty-four hour call or actively working at the center. By this time, Petitioner had undergone psychiatric treatment, had substantially regained his former personality, and had given up the lifestyle he had chosen during the termination of his marriage and through the date he was arrested. Petitioner was unsuccessful in his numerous attempts to obtain employment after moving to Florida due to his criminal record, and, accordingly, he utilized any spare time working with community organizations, such as the Boy Scouts, in addition to his extensive involvement in the programs of Active House.

   
   

5. Petitioner had never been arrested prior to the above-described arrest and conviction, and he has not been arrested since that time. His probation period expired on March 24, 1977, and he has had his civil rights restored. Additionally, he has paid the fine assessed against him.

6. Petitioner's demeanor at the hearing and his twenty-three letters of recommendation (including pleas for leniency from the District Attorney for whom he worked, from his probation officers, and from persons who have known him since he was a child) clearly reflect a young man who has led a productive and exemplary life but for his one mistake during a short period of personal turmoil, which mistake cost him his most valued possession, his license to practice law. Additionally, all persons submitting letters of recommendation on behalf of Petitioner believe him to be honest, truthful, trustworthy, of good character, and having a good reputation for fair dealing.

   
   

   CONCLUSIONS OF LAW

   
   

7. In order to protect the safety of investors and other persons with whom a real estate salesman occupies a relationship of trust and confidence, Section 475.17(1), Florida Statutes (1979), requires an applicant for licensure to be honest, truthful, trustworthy, of good character, and possessing a good reputation for fair dealing. That same Section prohibits the Board of Real Estate from licensing an applicant who:

has been disbarred, or his registra-

tion or license to practice or conduct any regulated profession, business, or vocation has been revoked or suspended, by this or any other state . . . or if the applicant has been guilty of conduct or practices

in this state or elsewhere which would have been grounds for revoking or suspend- ing his license under this chapter had the

applicant then been registered . . . unless, because of lapse of time and subsequent good conduct and reputation, or other reason deemed sufficient, it shall appear to the board that the interest of the public and investors will not likely be endangered

by the granting of registration.

Almost five-and-one-half years have passed since Petitioner's conviction. He has met, and surpassed, all probation conditions and has continued to give generously of himself in serving community needs through the present time, although his probation period terminated almost three-and-one-half years ago.

Petitioner's commendable character prior to his singular violation of the law has been regained, and he continues to contribute to society. Petitioner voluntarily accepted his punishment pursuant to his conviction and fulfilled all of its' terms. However, his real punishment, the loss of his license to practice law, remains with him as a constant reminder of his unacceptable conduct. LAS there should be an end to punishment when its purposes have been fulfilled, so should there be a beginning to opportunities to live a productive life free from that punishment. There has been, in this cause, ample "lapse of time" within the meaning of Section 475.17(1), Florida Statutes (1979). Petitioner's good conduct and reputation since his conviction were established by uncontroverted evidence. The evidence showed that many professional and business people including those charged with enforcement of the criminal justice system, have confidence in Petitioner's integrity and competence and have suggested no reason why the interest of the public would be endangered by the granting of Petitioner's application for licensure. Rather, all of the evidence strongly suggests that

Petitioner should be licensed and given an opportunity to serve the public within his now-chosen profession as a real estate salesman.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED THAT:

A final order be entered approving the application of Stephen Gary Effron for licensing as a real estate salesman.

RECOMMENDED this 7th day of August, 1980, in Tallahassee Florida.

LINDA M. RIGOT

Hearing Officer

Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the clerk of the Division of Administrative Hearings this 7th day of August, 1980.

COPIES FURNISHED:

Mr. Stephen Gary Effron 4280 Galt Ocean Boulevard Apartment 24 G

Fort Lauderdale, Florida 33308

Randy Schwartz, Esquire Assistant Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

Frederick H. Wilson, Esquire Staff Attorney

Department of Professional Regulation 2009 Apalachee Parkway

Tallahassee, Florida 32301

Ms. Nancy Kelley Wittenberg, Secretary Department of Professional Regulation 2009 Apalachee Parkway

Tallahassee, Florida 32301

Mr. C.B. Stafford Executive Director Board of Real Estate

Department of Professional Regulation Post Office Box 1900

Orlando, Florida 32301

Docket for Case No: 80-000213

Orders for Case No: 80-000213